Relations with Spain.

tailed to form a supernumerary member of the
special court now sitting at Fort St. Mark's.
By order:

ROBERT BUTLER, Adj't Gen.

Pursuant to the above order, the supernumerary member took his seat.

between the 1st and 20th of April, that I would not have anything to do with the negroes and Indians in exciting them to war with the United States?

you say you would not have anything to do with
Answer. About the fifteenth of April I heard
the negroes and Indians; I heard nothing about
exciting them to war.

Question. Can you read writing?
Answer. Not English writing.

Question. Did you not hear me say, when arriving at Suwanee, that I wished to be off immediately for Providence?

Answer. I did not; after the alarm, you said you wished to be off for Tampa.

Question. Did you not say to the accused you wished to visit Mr. Arbuthnot at his store on Suwanee, and get provisions yourself? Answer. I did not; I stated I wanted provisions. Question. Did I send or command any Indians to go and fight the Americans?

JOHN LEWIS PHENIX, a witness on the part of the prosecution, being duly sworn, stated that, about the 5th or 6th of April, 1818, his vessel and himself having been captured by the prisoner, and he brought to Suwanee as a prisoner, there was an alarm among the negroes and Indians, created by learning some news from Mickasuky, at which time the prisoner appeared active in giving orders and sending a detachment to meet the army. The witness also stated that the prisoner appeared to be a person invested with authority among the negro leaders, and gave orders for their preparation for war, procuring ammunition, &c., and that the leaders came to him for orders; the prisoner furnished them with powder and lead, and recommended to them the making of balls, &c. very quickly. The witness also stated that the prisoner occasionally dressed in uniform, with his sword, and that on the first alarm, which he understood was from Mickasuky. by a negro woman, he put on his uniform. The witness further stated that, some time about the 20th of March, 1818, the prisoner with an armed body of negroes (wenty-Tampa. four in number) came on board his vessel, and ordered him to pilot them to Fort St. Mark's, which he stated he intended to capture before the Americans could get there, threatening to hang the witness if he did not obey.

Question by the court. Did you ever understand by whose authority and for what purpose the accused came into the country?

Answer. I have frequently heard him say that he came to attend to Mr. Woodbine's business at the bay of Tampa.

Question by the prisoner. Did I not tell you, when I came on board the schooner Chance, 1 wished you to pilot me to St. Mark's, as I was informed that two Americans, by the names of Hambly and Doyle, were confined there, and I wished to have them released from their confinement?

Answer. You stated you wanted to get Hambly and Doyle from St. Mark's; I do not know what were your intentions in so doing.

Question. Did I not tell you that I expected the ludians would fire on me when I arrived at St. Mark's?

Answer. You did not; you stated that you intended to take the fort in the night by surprise.

Question. Did you see me give ammunition to the negroes and Indians; if so, how much, and

at what time?

Answer. I saw you give powder and lead to the negues when you came on board, and advised them to make balls; and I saw you give Liquor and paint to the Indians.

Question. Have you not often heard me say,

Answer. I do not exactly know that you sent them; the Indians and negroes were crowding before your door, and you were dividing the paint, &c. among them; and 1 understood a party was going to march.

Question. Did I not give up the schooner in charge to you as captain?

Answer. After our return from Suwanee town, you directed me to take charge of her to go to

JOHN J. ARBUTHNOT, a witness on the part of the prosecution, being duly sworn, stated that, some time about the 23d of March, the prisoner came with a body of negroes, partly armed, to his father's store, on Suwanee river, and told the witness that he had come to do justice to the country, by taking the goods and distributing them among the negroes and Indians, which the witness saw the prisoner do; and that the prisoner stated to him that he had come to the country on Woodbine's business, to see the negroes righted. The witness has further known the prisoner to give orders to the negroes; and that, at his suggestion, a party was sent from Suwanee to meet the Americans to give them battle; which party returned on meeting the Mickasuky Indians in their flight. The witness also testified to the handwriting of the letter marked A, and referred to in the specification of the second charge as the writing of the prisoner.

Question by the prisoner. Did you hear me say that I came on Woodbine's business? Answer. I did.

Question by the prisoner. Were not the negroes alluded to at Arbuthnot's store before I arrived ? Answer. No, you came with them.

PETER B. COOK, a witness on the part of the prosecution, being duly sworn, stated that he never heard the prisoner give any orders to Indians or negroes; that the prisoner did distribute Arbuthnot's goods, and also paint, to the negroes and Indians; also, that some powder was brought from Suwanee by the prisoner; and distributed among the negroes by Nero. Some time in March the prisoner took Arbuthnot's schooner,

Relations with Spain.

and, with an armed party of negroes, about twenty-four in number, set out for St. Mark's for the purpose of taking Arbuthnot's goods at that place, and that he would compel the commandant to give them up. On hearing of the approach of the American army, the prisoner told the negroes it was useless for them to run; for if they ran any farther, they would be driven into the sea.

The prisoner told the witness that he had been a lieutenant in the British army under Colonel Nicholls. The prisoner was sent by Woodbine to Tampa to see about those negroes he had left there. The prisoner told the witness he had written a letter to Governor Cameron for ammunition for the Indians some time in March, and also told the witness that he had a commission in the patriot army under McGregor, and that he expected a captaincy. The witness testified that the letters marked A, B, C, and D, and referred to in the specification to the second charge, were in the handwriting of the prisoner; also one marked E.

Question by the prisoner. Did you not frequently hear me say that I would have nothing to do with the Indians in exciting them to war with the United States?

Answer. I do not recollect.

Question. Are you acquainted with Lewis Phenix, and have you not heard him express ill

the court found the prisoner, Robert C. Ambrister, guilty of so much of the specification to the first charge as follows, viz: "And did excite them to war with the United States, by sending their warriors to meet and fight the American army, he being a subject of Great Britain, which Government was at peace and friendship with the United States and all her citizens;" but not guilty of the other part of the specification; guilty of the first charge; guilty of the specification of the second charge. and guilty of the second charge; and do therefore sentence the prisoner, Robert C. Ambrister, to suffer death, | by being shot, two-thirds of the members of the court concurring therein.

One of the members of the court requesting a reconsideration of his vote on the sentence, the sense of the court was taken thereon, and decided in the affirmative; when the vote was again taken, and the court sentenced the prisoner to receive fifty stripes on his bare back, and be confined with a ball and chain to hard labor for twelve calendar months.

The court adjourned sine die.

EDMUND P. GAINES, Major Gen. President of the court. J. M. GLASSELL, Recorder.

A.

will against me in consequence of my wishing From Robert C. Ambrister to His Excellency, Charles him to pilot me to St. Mark's?

Ans wer. I never did.

Question. Do you know of my sending troops at any time to fight against the United States; and have I not been constantly with you, so that you would have had an opportunity of knowing if there had been any sent by me?

Answer. I have not. They might have been sent without my knowledge.

JACOB HARMON, a witness on the part of the prosecution, being duly sworn, stated that, some time in the latter end of March, or 1st of April, the prisoner took possession of the schooner Chance, with an armed party of negroes, and stated his intentions of taking St. Mark's. On his way thither, on going ashore, he learned from some Indians that Arbuthnot had gone to St. Mark's, which induced him to return. The witness also stated that while the prisoner was on board, he had complete command of the negroes, who considered him as their captain. The prisoner took the cargo of the vessel up towards Suwanee, which consisted of, with other articles, nine kegs of powder and five hundred pounds of lead.

The evidence on both sides being closed, the prisoner was allowed until five o'clock this evening to make his defence.

The time allowed the prisoner for the preparation of his defence having expired, he was brought before the court, and made the defence marked M, which is attached to these proceedings.

The court was then cleared, and the proceed ings read over by the recorder, when, after due deliberation on the testimony brought forward, |

Cameron, Governor of Bahamas.

SUWANEE, NEAR FORT ST. MARK'S, March 20, 1818. SIR: I am requested particularly by all our Indian chiefs to acquaint your excellency that the Americans have commenced hostilities with them two years ago, and have advanced some considerable distance in their country, and are now making daily progress. They say they sent a number of letters to your excellency by Arbuthnot, but have never received one answer, which makes them believe that he never delivered them, and you will oblige them much if you will let them know whether he did or not. The purport of the letters was, begging your excellency to be kind enough to send them down some gunpowder, muskets, balls, lead, cannon, &c., as they are now completely out of those articles. The Americans may march through the whole territory in one month, and, without arms, &c., they must surrender. Hillis Hadjo, or Francis, the Indian chief, the one that was in England, tells me to let your excellency know that the Prince Regent told him that whenever he wanted ammunition your excellency would supply him with as much as he wanted. They beg me to press upon your excellency's mind to send the abovementioned articles down by the vessel that brings this to you, as she will sail for this place immediately, and let the Prince Regent know of their situation. Any letters that your excellency may send down be good enough to direct to me, as they have great dependence in my writing. Any news that your excellency may have respecting them and America, you will be doing a great favor to let me know, that I may send among them.

Relations with Spain.

There is now a very large body of Americans lency; they wish me to state to you that they are and Indians, which I expect will attack us every completely out of ammunition, muskets, &c., day, and God only knows how it will be decided; begging your excellency will be pleased to send but I must only say that this will be the last effort them the articles above-mentioned, with a few with us. There has been a body of Indians gone cannon, as the Americans build their boats so to meet them, and I have sent another party. I strong that their rifle balls cannot penetrate their hope your excellency will be pleased to grant the sides. To the captain of the vessel, who will favor they request. Í have nothing further to add, come down again, I have given an order to make But am, sir, with due respect, your obedient, your excellency acquainted with what time the humble servant, vessel will sail for this place. Your excellency will, I hope, be good enough to make the Prince Regent acquainted with their situation, and ask for assistance, which they have pressed me very hard to press on your excellency's mind, and likewise to send them down what news may be respecting them and the country, which will be a great satisfaction to them.

ROBERT C. AMBRISTER.

B.

From Robert C. Ambrister to Major Edward Nicholls.

SUWANEE, NEAR RIVER APPALACHICOLA. DEAR SIR: Francis and all the Indian chiefs have requested me particularly to acquaint you that the Americans have commenced hostilities

with them these two years past, and are making daily progress in this territory, and say they will proceed; that you are the only friend they have in that part of the world, and hope you will exert yourself in their behalf, and ask for as much assistance as can be had; that the Americans are at the forks of the river Appalachicola; they have written a number of times to England and Providence, but have never received one answer; they expect the man never delivered the letters, but they have full hopes in my writing; they request you will make the Prince Regent acquainted with their deplorable situation. The Americans have been very cruel ever since they have commenced, and hope you will not lose a single moment in forwarding their views; they say they will be extremely happy to see you out; nothing would give them greater pleasure than to see you out at this present time. If they should not see you, send them out all news and directions, that they may be guided by them. There are about three hundred blacks at this place, and a few of our bluff people; they beg me to say they depend on your promises, and expect you are on the way out; they have stuck to the cause, and will always believe in the faith of you, and any directions you may give. Send to me at this place, and I will do what I can.

I remain, my dear sir, most truly yours,

ROBERT C. AMBRISTER.

N. B. Francis says you must bring the horses when you come out that you promised, and that his house has been burnt down, and with it his uniform clothes. R. C. A.

C.

Robert C. Ambrister to Governor Cameron. MARCH 20, 1818. SIR: I am requested particularly by the Indian chiefs to acquaint your excellency that the Americans have commenced hostilities with them a long time since, and have advanced some distance in their territory, and are still continuing to advance; that they, the chiefs of Florida, have sent repeatedly to your excellency, and have never received one answer; they suspect Mr. Arbuthnot has never delivered the papers to your excel

I have the honor to be, sir, with due respect, your most obedient, humble servant,

ROBERT C. AMBRISTER.

N. B. They beg your excellency will be as expeditious as possible. Your excellency is the only dependence they have, and who the Prince Regent told them would give them every assistance that lay in your power. R. C. A. His Excellency Governor CAMERON, &c.

D.

Robert C. Ambrister to Governor Cameron. SUWANEE, NEAR FORT ST. MARK'S, March 20, 1818. SIR: I am requested by Francis, and all the Indian chiefs, to acquaint your excellency that they are at war with the Americans, and have been some time back; that they are in great distress, for the want of ammunition, balls, arms, &c., and have written by Mr. Arbuthnot several times, but they suppose he never delivered them to your excellency. You will oblige them much to let them know whether he did or not. I expect the Americans and Indians will attack us daily. I have sent a party of men to oppose them.

They beg me to press on your excellency's mind to lay the situation of the country before the Prince Regent, and ask for assistance. All news respecting them your excellency will do a favor to let me know by the first opportunity, that I may make them acquainted. I have given directions to the captain to let your excellency know when the vessel will sail for this place.

I hope your excellency will be pleased to send them the ammunition. I expect, if they don't procure some very shortly, that the Americans will march through the country. I have nothing further to add, but am, dear sir, your most obedient, humble servant,

ROBERT C. AMBRISTER. His Excellency Governor CAMERON.

E.

Robert C. Ambrister to Peter B. Cook.
MOUTH OF THE RIVER,
Tuesday, 3 o'clock.

DEAR COOK: The boat arrived here abou

Relations with Spain.

three o'clock on Thursday. The wind has been ahead ever since I have been down; the rudder of the vessel is in a bad condition, but I will manage to have it done to-night. The wind, I am in hopes, will be fair in the morning, when I will get under way, and make all possible despatch. I will make old Lewis pilot me safe. If those Indians do not conduct themselves strait, I would use rigorous measures with them. Beware of Mr. Jerry; I found him on board when I came; keep a good look out. I have sent two kegs of powder, and a bar of lead.

Yours, &c.

M.
DEFENCE.

R. C. A.

FORT ST. MARK's, April 28, 1818. The United States of America vs. Robert Christie Ambrister.

Who being arraigned before a special courtmartial upon the following charges, to wit: CHARGE 1. Aiding, abetting, and comforting the enemy, supplying them with the means of war, he being a subject of Great Britain, at peace with the United States, and lately an officer in the British colonial marines.

CHARGE 2. Leading and commanding the Lower Creek Indians in carrying on war against the

United States.

To the first charge, the prisoner at the bar pleaded not guilty; and as to the second charge, he pleaded guilty, and justification. The prisoner at the bar feels grateful to this honorable court for their goodness in giving a sufficiency of time to deliberate and arrange his defence on the above charges.

The prisoner at the bar here avails himself of the opportunity of stating to this court, that, inasmuch as the testimony which was introduced in this case was very explicit, and went to every point the prisoner could possibly wish, he has nothing further to offer in his defence, but puts himself upon the mercy of this honorable court. ROBERT C. AMBRISTER.

HEADQ'RS, DIVISION OF THE SOUTH,

ADJUTANT GENERAL'S OFFICE,
Camp four miles north of St.
Mark's, April 29, 1818.

destroy William Hambly and Edmund Doyle, confiscate their property, and causing their arrest, with a view to their condemnation to death, and the seizure of their property, they being citizens of Spain, on account of their active and zealous exertions to maintain peace between Spain, the United States, and the Indians.

To which charges the prisoner pleaded not guilty.

The court, after mature deliberation on the evidence adduced, find the prisoner, A. Arbuth not, guilty of the first charge, and guilty of the second charge, leaving out the words "acting as a spy;" and, after mature reflection, sentence him, A. Arbuthnot, to be suspended by the neck until he is dead.

Was also tried Robert C. Ambrister, on the following charges, viz:

CHARGE 1. Äiding, abetting, and comforting the enemy, and supplying them with the means of war, he being a subject of Great Britain, at peace with the United States, and late an officer of the British colonial marines.

CHARGE 2. Leading and commanding the Lower Creek Indians in carrying on war against

the United States.

To which charges the prisoner pleaded as follows, viz:

To the first charge, not guilty. To the second charge, guilty, and justification.

The court, on examination of the evidence, and on mature deliberation, find the prisoner, Robert C. Ambrister, guilty of the first and second charges, and do, therefore, sentence him to suffer death, by being shot. One of the members requesting a reconsideration of the vote on this sentence, and it being had, they sentence the prisoner to receive fifty stripes on his bare back, and be confined with a ball and chain to hard labor for twelve calendar months.

The commanding General approves the finding and sentence of the court in the case of A. Arbuthnot; and approves the finding and first sen◄ tence of the court in the case of Robert C. Ambrister; and disapproves the reconsideration of the sentence of the honorable court in his case; it appearing, from the evidence and pleading of the prisoner, that he did lead and command within the territory of Spain (being a subject of Great Britain) the Indians in war against the United States, these nations being at peace. It is an At a special court-martial, commenced on the established principle of the law of nations, that 26th instant, at St. Mark's, and continued until any individual of a nation, making war against the night of the 28th, of which Brevet Major the citizens of another nation, they being at peace, General E. P. Gaines is president, was tried A. forfeits his allegiance, and becomes an outlaw and Arbuthnot, on the following charges and specifi-pirate. This is the case of Robert C. Ambrister, cations, viz:

GENERAL ORDERS.

CHARGE 1. Exciting and stirring up the Creek Indians to war against the United States and her citizens, be, A. Arbuthnot, being a subject of Great Britain, with whom the United States are at peace.

CHARGE 2. Acting as a spy, aiding, abetting, and comforting the enemy, and supplying them

with the means of war.

CHARGE 3. Exciting the Indians to murder and

clearly shown by the evidence adduced.

The commanding General orders that Brevet Major A. C. W. Fanning, of the corps of artil lery, will have, between the hours of 8 and 9 o'clock a. m., A. Arbuthnot suspended by the neck with a rope until he is dead; and Robert C. Ambrister to be shot to death, agreeably to the sentence of the court.

John James Arbuthnot will be furnished with a passage to Pensacola by the first vessel.

Relations with Spain.

Extract of a letter from George Perryman to Lieu- McQueen, the chief mentioned in one of the en